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tv   [untitled]    October 2, 2012 7:30pm-8:00pm PDT

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>> i move to approve this permit. with the conditions that they notify mission statement of all llp-permit style events and come up with a security plan for said events. >> okay. is there a second on that motion? >> i second that. >> all right, call the roll. >> commissioner hyde? >> aye. >> commissioner joseph? >> aye. >> commissioner lee? >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? >> aye. >> good luck and keep control of those poetry readings. [ laughter ] >> all right. sounds good. okay where are we at here? that was tim and liz ryan dba
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the sycamore, 2140 mission limited live performance permit application. >> it's a restaurant and the perimeter would allow the applicant to host bingo and live music and your packets include expressions of support from approximately 110 individuals. there are also about five letters objecting to granting the permit. the letters speak for themselves, but the comments among them are complaints of outdoor amplified sound over the past several weeks in response to outreach conversations and concerns with the neighbors, the applicant has removed the speakers all together. ?
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>> marcia garland again for the applicants. it's right on the corner. the complaints have come from people who live on sycamore, this is a physical therapy business and i believe that the person who owns that also lives there. i'm not absolutely sure. i'm sorry about this map that covers it up. this is the sycamore restaurant and near it would be where the back area of the patio is. as soon as we acquired this client and as soon as we realize there had were outdoor speakers we asked that they be removed. so these are the brackets in the patio, illustrating that they were indeed removed. this is a case where they had
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two nights a week they had trivia and bingo and emcee was amplified. they didn't realize there were permitted for this and the minute they did, they were in compliance. so i think the situation got unnecessarily complicated. we have communicated with everybody who registered a complaint. we wrote a letter to the property owners association on sycamore and also sent an email to mr. soriano the main complainant, answering every one of thinks complaints. >> thank you, miss garland. did have you anything that you wanted to add? >> no. >> okay.
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let's see, commissioners have questions for the applicants? go ahead. >> i'm just trying to figure out where is this? mission and sycamore? >> 17th street. the alley that goes up by -- >> i have an idea now. >> sort of where valencia, out that way. >> okay. the patio, what is the activities in the patio? just people eating and dining, smoking? >> board games. >> board games. so the amplified speakers that were there were used for just whatever was going on inside? you could hear it outside? is that how it worked? >> right. >> so when you come out of the door, let's say you took the speakers away and you have something going on inside, is there any kind of sound curtain in that backdoor? >> there is a long corridor. >> how long? is it pretty long? >> the primary dining room is at the front of the [pwo-egd/]
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and building and there is a long corridor. >> you are not on. >> there is the restaurant and the office and at the end the patio. so about 30' between the front. >> so 30'. any other questions? does the police department have any? >> good evening commissioners, officer gary buckner, mission station. we did receive a police report for violation of the permit in the matter that occurred july 19th. my concern is that the permit applicant has not made sufficient outreach to the community. in fact, the complainant who is here tonight
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was never contacted regarding the noise that was happening on their patio and so forth. so i think that really what we need here is to reevaluate their outreach. we need to meet with the permit holder and come up with appropriate security plan. and that being said, i think this needs to be recalendared to another time so we can have time to complete all of that. >> okay. now i'm all for security plans, but with bingo and parcheesi, let me put it this way, and i respect youring to wanting to monitor the district. is there calls for service? >> i could submit a police report and the evening of july 19th there was a dj playing and
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that what was causing the problem for the community. >> okay. i'm fine with the noise. you know, i think that should be monitored and they should comply with the permits. but i just was wondering. >> my other issue, they have been operating without a permit for i don't know how long. the excuse that i didn't know is not really -- >> okay. >> i have a question. do you know if bingo requires a special permit? >> i believe there are bingo permits issued by the department. >> i do believe -- i'm sorry, guys. and you might think this is trivial, but i think bingo is not a permitted use -- i'm not sure. >> bingo that relates to money changing hands. i think that bingo at the church when people pay for
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their cards is what the police -- i don't know if that is the kind of bingo that they are doing. >> what kind of bingo do you guys do? >> you might win a feather boa. >> okay. >> thank you. >> can i add one thing? >> the event on july 19th was their second anniversary party and they admit to having a dj, but that is only a one-time situation. >> okay. they do realize if they get there, there is no dj allowed? >> is this an application for a llp or poe? >> llp. >> okay. any other questions from the commission? >> what kind of actual music/entertainment are you planning to bring? >> it would be occasional maybe like bluegrass band after our sunday brunch once a month, maybe. something like that. but if i could further, mr.
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soriano calls the police for a noise complaint once or twice a week minimum. every time the police come in, we insist that they wock through the entire thing and point out any faults that they may or may not see. never once have they seen anything except for our forgetting or not even knowing that we were supposed to have a dj license. if we were here arguing anything, mr. soriano would be. >> okay, thank you. any further questions from the commissioners? if not we'll open it up for public comment. >> my name is john soriano and i own the building right behind
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the sycamore. so this is the back patio that they referring to and this wall right here is the building where i live also. and i'm here because i'm here to protest the permission of their temporary or their limited live performance permit, because no. 1, they actually perform all kinds of [ [ music [ [ [ music not just bluegrass. they have djs and movie nights, i have called the police department and this started in april of 2011.
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almost -- literally almost once, twice a week i have to report them. because their music goes beyond -- goes past actually 10:00 or all the way up until midnight. sometimes the police actually get to their place since it's not a priority issue at around 10:00, 11:00 and they are still playing music. >> okay. >> and also, they have two entrances, both the front and the back and this building is actually not insulated and they are playing amplified music. the front of the restaurant is, as you can see, the front of the restaurant is all glass. the front almost one-half of the wall is glass and then they have a short hallway and it
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opens up into the patio. so when they play music both inside or outside, i can feel the walls of my building vibrating. i'm usually not home before 8:00, 9:00, as i work until 9:00 in the evening. but when i usually get home around 9:00, 10:00, i allow it to go on for a few minutes, but around 10:00, when i can't sleep, that is when i call the the police department. >> that is your time, sir. >> i'm sorry, go on. that was the warning it's been a long day. >> there is also an increase in public urination and increasing garage outside of the front door of my house. thank you, commissioners. >> thank you. is there any other public comment on this application? >> hello.
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my name is amber roy. i am the manager of the homeowners' association for the building across the street from the sycamore patio. i did not receive a response to my complaint, but perhaps it was lost. so i would be curious to read the response. i'm speaking for myself, as well as the four other owners of our building and our protest is based on the fact as john said there has been live, outdoor, amplified entertainment happening on this premise. specifically a quiz night, the sound amplified to the point we could hear the questions word-for-word from our living room, windows closed, double pane windows. i don't know about decibels, but it was very loud. >> this was emanating from the patio? >> yes. the patio is not actually on mission street, but sycamore
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street, which is a single-lane, residential street. so the entertainment is actually happening not on mission street, but on sycamore street, which is residential. so we're concerned if the permit is granted, not only would the live entertainment continue, but might also be expanded to rock music or other amplified sound. even though the speakers were removed, there is nothing to stop them from putting them back, because there is no stipulation with the permit about amplified sound. >> it must be contained inside. it cannot emanate outside. >> so if that were the case, that would be fine. >> and it has to end at 10:00. >> so if they in conformance with that, i think my building owners would be satisfied with
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that. >> okay. >> thank you. >> i didn't mean you. >> thank you. any other public comment? >> me name is [speaker not understood] i live around the corner on 17th. i have live there had since before the sycamore open. i think it's a really beneficial thing. it's a great place, great location. i'm a chef at the ritz ritz-carlton and it's just a great place to be. i sit in the back patio and since the music is turned off, i miss it and you have to go inside to hear the jukebox playing. for the limited time that they did bingo and quiz night, it was great and it wasn't noisy
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and it finished early. it was fun and i tried to get there, as much as i could. >> yes, sir. >> i'm a homeowner and my apartment looks back onto clarion alley. i want to speak to a couple of points raised earlier. of the first one being the noise issue, obvious le and i would say i'm more disturbed by the churches, the little pop-up churchs that are dotted down mission street. i hear them, like, they go on really, really loudly. and the spillover from the elbow room more so from the sycamore. i have never heard anything from the sycamore. the second point being the urination. i have actually seen the owners
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to get the streets cleaned up. i think since the >> there were a number of things that the first gentleman said that really don't match with my experience at the sycamore. i have never seen anybody sing along to a movie. they do project silent movies occasionally, but there is no sound. i have never seen a rock band at the sycamore and i have never seen a dj and they don't have two entrances. they have an emergency exit in
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the back. i hope you approve this permit. i think it would improve the neighborhood. >> okay. >> hello. >> welcome. >> my name is elizabeth and i'm a property owner and also a business owner about a half block from the sycamore and run a restaurant. our hours are generally into the night, so i spend quite a bit of time out and about in the streets and around the area near the times that the complaints have said there have been violation. i will say that a large part of the why we choose to set up our restaurant on that block was seeing great development come into the block from 17th and 18th to make it a wonderful place for the community to engage and come together. i think the sycamore has been significant part of that.
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i only being three spaces down from the sycamore and the alley have never heard any noise emanating that i could hear. in general, saying this they have outstanding citizens and great partners and a great business to have locally for us. we have really enjoyed it. >> thank you. counselor. >> mr. chair, commissioners, mark again. i like the sycamore. i think it's really beneficial addition to that particular neighborhood. that was not a great part of mission street, that 16th to 18th strip. they have helped to clean it up. i have heard a lot of stuff trying to paint them with a picture that sounds like like naive at . it doesn't allow djs or outdoor
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speakers. i would ask that you grant this permit. thank you. >> thank you. >> good evening commissioners. i was over at the venue canvassing it unaanouced uni did discover that they had speakers on the patio and i also realized that is not a compliance issue. so i
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informed the client the next day that he immediately had to remove it and i had proof it was and they complied. in addition, i said do people smoke in the backyard and if they do, there needs to be proper signage and know what the health codes are. those signs will be post. they have to be aware of what the good neighbor policy is. had this been a regular pub restaurant that used the bingo or the trivia nights a secondary use, it would be a no-brainer. but the fact of the matter is and one of the speakers who was kind enough to write a letter, who is here tonight is amber. and i want her, even from her letter she stated that she did discover some knowledge that china had one time zone. on any other information that is being provided i wanted her to say that i can't hear it and i want to come into the pub and participate on the nights that she feels that she wants to do that.
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as far as the bingo is concerned, if i live next door and it was amplified, i don't think i would be too thrilled if i heard i-30. so in retrospect, i think we have corrected the problem and i think we need to move forward. there is one neighbor here and i think some of his issues may be more civil related or matters that are not in this jurisdiction and i hope both parties can take the high road and live with one another because they basically live next to each other. i ask to you grant the permit tonight. if you feel that more outreach needs to be done and want to continue it, the client is receptive to that. but i leave that to your discretion. but i think that they got the message that if the way they are operate right new now is compliant with the code.
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>> thank you. anybody else from the public? seeing none, the matter is now with the commission. >> i'm going move to approve this. i believe when had he were told to take down the speaks they took down the speakers and they complied with that and i think they are trying to be good neighbors and i say we just approve this. >> do we have a second? >> second. >> okay. discussion? the only thing i can say in conjunction with some of the neighbors' comments that in my prior life i had the pleasure of being captain of mission station. with the police department. and at 17th and mission, was the spot or actually 16th and mission was the spot where they brought the buses over from san quentin. i don't know if they still do that and let everybody out on the street and had the highest
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crime rate in the city and the fact that people are coming into that community and developing it as a business and seeing the people here that are investing in that area, i think it's something that as a commission, while we respect the concerns of the neighbors and don't want people -- i mean, the fact that they did something wrong, if they were cited, they should have paid the fine and if they somehow avoided that. like our prior license, with the people opening their restaurant late. we can't unring the bell. i think as glendon said, they have complied and removed the speakers. they are containing it inside and they know they have to end the 10:00. and we're going to be hero here as a commission that if you have problems with non-compliance, we're here to respond to those and test for noise or whatever. so we don't expect everybody to suffer in silence. everybody should be
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and to enjoy their own neighborhood. >> i just want to make sure that you have a copy of the good neighbor policy, so you can see what you are responsible for outside and all of that, to make sure that you have that? >> i have got a quick question. what you guys found out that the speakers were back there, how long ago was that? two months? yesterday? >> next day. >> from the day it was discovered. how long that's been? >> the day that we were retained the next day i went over there. >> when was that? >> like three days ago. >> all right. i told them cease all activities. >> all right. that is it. that is what we wanted to know. >> so the neighbor and i don't know now that it's been discovered and you say about the base and without the speakers in the back, there
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wouldn't be any knowledge that you are impacted less? >> we don't want to get into that discussion here. we have heard everything. they have got to end at 10." and can't have amplified music in the patio. to my satisfaction that addresses what we have heard and make sure they comply in future. with no other comments call the roll. (roll call ) >> good luck and continue your outreach with the community to the extent possible. and try to make it hopefully a little easier. okay. item 6c, man kim dba golden gate grill 449 powell limited live performance permit application. >> golden gate grill is a restaurant that would allow the
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applicant to have keyboard pianist. >> we opened a few restaurant five weeks ago called the golden gate grill located at sutter and powell, 449 powell. and it's on the third floor. it is self-contained. we have a musax system and thought wouldn't it be nice to have one or two nights of live keyboard music? so we have enlisted a very talented guy named alan choi. i don't know if any of you know alan, but he has been around for years, a very talented guy. we would just like to have some live keyboard music at the restaurant. >> okay.
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welcome. any questions about the commission? seeing none, any public comment? seeing none, do we have a motion ? >> i move to approve. >> second. >> commission hyde? >> aye. >> commission joseph? >> aye. >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? >> aye. >> thank you and good luck. now we're going to skip around and go to item no. 4, election of president and vice president. >> should we just make a motion? >> we open up the nominations. >> so i'm going to nominate john to be president again.
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>> i second that. >> any discussion? any other nominations? >> and believe me, if anybody wants to take over, whenever and wherever, just come see me. >> i know it's close to your bedtime, isn't it? >> it's been a long day. call the roll. >> commissioner hyde? >> aye. >> commissioner joseph? >> aye. >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? aye. >> nominations for vice president. i would reciprocate and nominate audrey joseph our sound expert to be vice president. do we have a second? >> second. >> discussion? call the roll. >> commissioner hyde? >> aye. >> commission joseph?

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